How long does it take to get divorced?

If the respondent does not defend the divorce then a divorce could be concluded within approximately 4-6 months. If there are financial matters that also need to be resolved following the divorce then this can delay the conclusion of the divorce until these issues are resolved. Sometimes the finances can be dealt with within this timescale. However, sometimes if the finances are complicated they could take up to 12 months to resolve which will sometimes impact on how quickly you can get divorced.

Can I rely on Adultery if I find out about it after separation?

You can only petition for divorce on the basis of adultery if the respondent is prepared to admit to adultery and it was the reason for the breakdown of the relationship. You cannot rely on it if it occurred after separation and it was not the cause for the separation. If you cohabit again after having knowledge of adultery for a period of six months or longer you cannot subsequently rely on adultery at a later stage as a ground for divorce.

Divorce costs, who pays them?

Usually if you are the petitioner you are able to pursue the respondent for the costs of your divorce, but only the divorce costs, not any costs regarding any financial issues which need to be dealt with. Often the respondent will try to negotiate that and sometimes you can agree not to pursue costs if the other person agrees not to defend the proceedings or delay them. It is up to the petitioner when issuing the divorce to decide whether to include a claim for costs.

If my husband/wife has issued divorce proceedings when will I get the paperwork?

Usually the court will issue the petition for divorce straight away and you will receive a copy of it in the post within a week or two of it being issued. You then need to complete the acknowledgement of service form confirming whether you agree to the divorce or not. You need to do that within 14 days of receiving the paperwork otherwise the petitioner may apply to the court for you to be personally served with the petition by a court bailiff.

I am a grandparent, what rights do I have to see my grandchildren?

If you are seeking contact with your grandchildren then you are entitled to make an application to the court for contact or indeed residence if you feel they should live with you if you believe the parents are unable to. Any application you issue has to be accompanied by an application for permission to apply. The court has to initially decide whether you have permission to make the application. Usually this is a formality and you will be granted it. Any application will then be considered on its merits and will of course take into account both parents views.

The Local Authority wants to remove my children what should I do?

You need to obtain legal advice urgently. You will be automatically eligible for legal aid if the local authority issue proceedings to remove your children. You should co operate fully with the local authority and on the advice of a solicitor you will be informed of the prospects of your case and your likelihood of success in opposing any application. You will have to be assessed during the proceedings to establish whether you can retain your children or have them returned to your care once assessments have concluded. These proceedings can take up to 40 weeks to conclude, during which time the assessments will be undertaken and if your children are not with you, you should be offered regular contact with them.

How does a father get parental responsibility, should I let him have it?

The law changed in December 2003 so that all fathers who are named on their children’s birth certificate will have parental responsibility for them. Mother’s have it automatically. You need to get the father to agree and attend the registration of the birth for them to obtain this. If they are not registered they can only obtain it if you are married, you agree to enter into a parental responsibility agreement with them (a solicitor can prepare this for you) or the father makes an application to the court for a parental responsibility order. It is unlikely that this would not be granted.

Specialist Service Areas

Change Of Name
Child Maintenance
Children
Civil Partnership Agreements
Collaboration
Cohabitation
Divorce And Separation
Domestic Violence
Financial Settlements
Mediation